6/8/2020
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"ACCORDINGLY, the instant Motion for Reconsideration is hereby
DENIED for lack of merit.
No further Motions for Reconsideration shall be entertained.
SO ORDERED."[3]
Respondent thereafter elevated the case to the appellate court which reversed the
decision of the NLRC and reinstated that of the Labor Arbiter in its herein assailed
February 14, 2008 Decision. The appellate court found that Salvador did not commit
suicide; hence, respondents are entitled to receive death benefits. The dispositive
portion of the Decision, reads:
WHEREFORE, in view of the foregoing, the assailed Decision and Resolution
of the National Labor Relations Commission are, hereby, REVERSED and SET
ASIDE for having been issued with grave abuse of discretion amounting to
lack or excess of jurisdiction, while the Decision of the Labor Arbiter is
hereby REINSTATED.
SO ORDERED.[4]
Petitioners' Motion for Reconsideration was denied by the Court of Appeals in its
Resolution dated July 8, 2008.
Hence, this petition raising the following issues:
1. WHETHER OR NOT PRIVATE RESPONDENT IS ENTITLED TO DEATH
BENEFITS FOR THE DEATH OF HER HUSBAND UNDER THE POEA
STANDARD EMPLOYMENT CONTRACT FOR SEAFARERS.
2. WHETHER OR NOT PRIVATE RESPONDENT IS ENTITLED TO DAMAGES
AND ATTORNEY'S FEES.[5]
The pertinent provisions of the Standard Terms and Conditions Governing the
Employment of Filipino Seafarers On-Board Ocean-Going Vessels, or the POEA
Standard Employment Contract, which Salvador and the petitioners incorporated into
their contract, provide that:
SECTION 20. COMPENSATION AND BENEFITS
A. COMPENSATION AND BENEFITS FOR DEATH
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